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Can a 17-Year-Old Get Emancipated to Live With Her Boyfriend

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  • 10-21-2014, 10:49 AM
    kaytie
    Can a 17-Year-Old Get Emancipated to Live With Her Boyfriend
    My question involves guardianship in the State of: Indiana
    My fiance is 17 and wants to leave her house because her grandma is constantly yelling at her and occasionaly will hit her fpr doing something the wrong way. Her dad is going to be put in the hospital for awhile because he is in pain. Can she get herself emancipated and come to live with me in Kansas?
  • 10-21-2014, 10:51 AM
    cbg
    Re: My Fiance is 17 and Wants to Leave Her House
    No.

    Unless she is living independently and earning enough money to pay ALL her own expenses without assistance, she does not qualify for emancipation.
  • 10-21-2014, 10:52 AM
    kaytie
    Re: My Fiance is 17 and Wants to Leave Her House
    What if she were to get a job once she moves here?
  • 10-21-2014, 10:56 AM
    cbg
    Re: My Fiance is 17 and Wants to Leave Her House
    Judges do not emancipate on the basis of what she promises to do in the future. Judges emancipate, in the very rare occasions that they do emancipate, on the basis of what has already transpired.

    Emancipation is not and never was intended to be a means for a minor to leave home, no matter how bad the situation. It was and is intended to be a means of providing legal protection to those minors who, through matters outside their own control, found themselves living on their own.
  • 10-21-2014, 11:20 AM
    BooRennie
    Re: My Fiance is 17 and Wants to Leave Her House
    And if one starts transporting unrelated minors across state lines, one can run afoul of federal law.
  • 10-21-2014, 11:26 AM
    jk
    Re: My Fiance is 17 and Wants to Leave Her House
    Quote:

    Quoting BooRennie
    View Post
    And if one starts transporting unrelated minors across state lines, one can run afoul of federal law.

    well, there have been amendments to the Mann act. Generally they have to be taken across state lines for activities that are illegal. Since the age of consent in Indiana and Kansas are both 16, I do not believe the Mann act would apply here.
  • 10-21-2014, 12:19 PM
    flyingron
    Re: My Fiance is 17 and Wants to Leave Her House
    The Mann Act isn't the concern. Harboring a runaway is a violation in both states. It's a misdemeanor, but that's bad enough.
  • 10-21-2014, 12:31 PM
    jk
    Re: My Fiance is 17 and Wants to Leave Her House
    Quote:

    Quoting flyingron
    View Post
    The Mann Act isn't the concern. Harboring a runaway is a violation in both states. It's a misdemeanor, but that's bad enough.

    but that does not necessarily invoke federal law.

    Not arguing there isn't the possibility of criminal issues but generally when somebody starts invoking violations of federal law for issues such as this, they are referring to the Mann Act.
  • 10-21-2014, 12:52 PM
    flyingron
    Re: My Fiance is 17 and Wants to Leave Her House
    Never said it did. I said it was a violation in the states.
  • 10-21-2014, 12:56 PM
    cbg
    Re: My Fiance is 17 and Wants to Leave Her House
    And the Mann Act expressly references age 18.
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